Kartick Chandra Mallik And Anr. vs Rani Harsha Mukhi Dasi, Executrix To ... on 2 April, 1943
14. This case was discussed in Kamal Kumari Choudhurani v. Chandra Roy ('98) 2 C.W.N. 229 with reference to the need for making the co-owners parties to the suit, and distinguished on the ground that in the former case actual khas possession of the land was desired, while in the later case mere power for joint collection of rent was prayed for. Thus prior to the recent case of 1936 this appears to be the only one clearly dealing with facts similar to those in the present case relating to a tenure under more than one estate, and the decision favours the view that in such a case annulment of that portion of the tenure which is held under the estate sold for arrears of revenue can be made. Prom the history of the sale laws it would be indeed strange if proprietors of estates could create an interest which would defeat the prime object thereof, namely the safeguarding of the public revenues. Enforcement of collection of the revenue by means of sale of estates was introduced by the British, and a fundamental necessity of the provision for such enforcement by sale of estate is that what is sold shall be the estate originally created unchanged except as allowed by the law. Article 6 of the Permanent Settlement Regulation, 1 of 1793, lays down the provision for sale for default and in Article 9 of the same regulation it is laid down that: